LAL CHAND Vs. DHIAN SINGH

JUDGEMENT

(1.) THE plaintiff has come in second appeal against judgment, decree dated 1.11.2001 passed by learned District Judge, Kullu in Civil Appeal No. 53 of 2001 affirming judgment, decree dated 22.3.2001 passed by learned Senior Sub Judge, Kullu in Civil Suit No. 56 of 1997. The suit was filed by Lal Chand against defendant Smt. Murtu and Tedhi Singh. Smt. Murtu has died during the pendency of the second appeal, her legal representatives have been brought on record. The parties in this judgment are referred to as plaintiff and defendants.

(2.) THE facts, in brief, are that plaintiff had filed a suit for declaration with consequential relief of injunction regarding the land more specifically described in the impugned judgment and plaint on the allegations that Mouju Ram, father of plaintiff and husband of defendant No.1 was the original owner of the suit land. Mouju Ram executed registered will dated 23.1.1980 bequeathing his property situated in Phati Barahar in favour of his son Bala Ram whereas the property situated in Phati Kharihar, Kothi Maharaja was bequeathed in favour of plaintiff, limited rights of 1/3rd share of the property were created in favour of defendant No.1. On the basis of will the suit land was mutated in the name of defendant No.1.

(3.) THE defendant No.1 on the basis of will of the deceased executed some fictitious deed No. 169 on 27.1.1997 registered on 28.1.1997 in favour of defendant No.2 showing that she being owner in possession of the suit land transfer the same in favour of defendant No.2 by way of gift and on the basis of which mutation No. 1202 has been attested. The gift of suit land by defendant No.1 in favour of defendant No.2 is without any title and is void and not binding on the plaintiff. No possession of the suit land was delivered to defendant No.2. The gift is void and is not binding on the plaintiff. The defendant No.1 had been residing far away from the suit land.